VidhiSangh

Supreme Court of India · 21/02/2018

M/S. ADVANTA INDIA LTD. versus B. N. SHIVANNA

[2018] 2 S.C.R. 814 · 2018 INSC 183

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Summary

The Supreme Court set aside the Bar Council of India’s review order reopening disciplinary proceedings against an advocate. Although its review jurisdiction was wider than civil-court review, the BCI could not sit in appeal over its own findings by deciding the same issue differently on the same material and arguments. Its earlier disciplinary order revived, with liberty to the complainant to seek restoration of the separate appeal challenging reduction of punishment.

Issues

  1. Whether the BCI’s wider disciplinary review power permitted reconsideration of an issue already decided on the same material.
  2. Whether the advocate could rely on denial of opportunity after failing to use repeated opportunities.
  3. What followed for the earlier punishment order and the complainant’s separate appeal.

Held

Result

Appeal allowed without costs. BCI review order of 11 July 2015 set aside and order of 10 September 2011 revived; complainant permitted to seek restoration of its earlier appeal on punishment.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 814.